The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1887-04-20

The following important decision was sent down
yesterday In cases pending before the law court
CUMBERLAND COUNTY.
= Casco National Bank VS.. Fayette Shaw and
another
There are four cases between these parties.
They are actions against the defendants as in
dorsers of pronissory notes, the principal and in
hundred and fofty-five thousand dollars. The The
facts OF the case sufficiently appear in the opinion
which we give entire
notice of the dishoner of the notes declared on.
Notices were addressed to them at their former
place Of business, where their affairs were being
settled up by trustee, to whom they had made
an assignment for the benefit of their creditors
and we have no doubt that the notices were re-
ceved by the trustee. Notices so sent aud re-
ceiyed are sufficient. Bank Of America VS. Shaw.
142 Mass. 290 Better reported in New Eng.
Rep. 572. In the case cited the notice was to the
cumstances as in the cases now before u.s. and the
notice was held good, because il was sent to
what had been the place of business of the firm,
where its affairs were actually in process Of settle
ment under the trust"
It is objected that the notices were not properly
letter box We think this is not ava ID Obies ien
Street letter boxes are authorized by an act OF
Congress Or. s. U. S. s3S68l and are as COM
troll Of the Post ONCE Department as boxes
provided for the reception of letters within
the post office buildings themselves; and we
think letter deposited in a street letter box
which has been put up by the Post Office Depart
ment, is as truly mailed, within the meaning of
within the post Office building itself It has been
ned That delivery TO letter carrier is sufficient.
Pearce Y. Langft, 101 Penn. st. BOT.
PayHUpts are claimed. Since the commence
ment OF These actions the bank has received $44,-
39o.l7 from f. A. Wyman, which the defendants
claim should be credited to them. The credit can
not be allowed. The money was not delivered or
received as payments ON the notes in suit. 1t was
received on a contract by which the bank agreed
to assign TO Wyman the. notes in suit and the
actions thereon, with all benefit of attachments
II any, made in said SUITS" and this contract has
been assigned by Wyman to third party. 1t is
clear therefore that the defendants are not en-
as appears they have neither a legal nor an
equitable right to the benefit of them
Payments to the amount Of 11,720.52 have
been made by q. w. Clement and c. ii. Ward on
such OF the notes in suit as signed by them,
which will of course be allowed, and the defend
ants VIII have the benefit of them.
The court is asked to continue these actions to
await the result OF insolvency proceedings which
they aver are pending against them in this State.
We are not satisfied that this request ought TO be
granted. The petitions have been pending since
November, 1888 and yet no adjudication has
been had upon them; and we doubt if there is
petltioning creditors appear to have been settled
with and their claims assigned to the defendants
trustee, Wylnan. Continuances for such cause
are discretionary with the court they can not be
claimed as matter Of right; and they will only
De granted when the court is satisfied that justice
VIII be thereby promoted. Schwartz vs. Drink
Justice would be thereby promoted in these ac-
tons. The request is therefore denied
-Four actions between the same parties have
been submitted to the law court upon one report
Of the evidence; and the parties have agreed that
the court shall render such judgment in each case
as me legal rights OF the parties may require. 1t
IS the opinion OF the court that the plaintiff is en-
titled TO judgment in each of the four actions
and such judgments will accordingly be entered.
Peters, O. j.. Virgin, Libbey and Emery, ~,
Haskell, j., having been counsel, cid not sit.